2020 Articles

Book Review: ‘Bad Blood’ By Gary T. Rafool February 2020 A review of the book 'Bad Blood: Secrets and Lies in a Silicon Valley Startup' by John Carreyrou.

Brexit & Intellectual Property By Rachel Havard September 2020 The UK has left the EU, so what lies ahead for EU trademarks and Community designs, especially from a UK perspective?

California Voters Approve the California Privacy Rights Act of 2020 By Aaron W. Brooks December 2020 On November 3, 2020 California voters approved Proposition 24, causing the California Privacy Rights Act of 2020 to become law when the California Secretary of State has certified the election results. The new law is a significant expansion of the already enacted California Consumer Privacy Act. While much of CPRA will not become operative until 2023, several key provisions become effective right away. Perhaps most importantly, California now has the funding and mechanics available to create the new California Privacy Protection Agency. The new agency will have the power to interpret the California Consumer Privacy Act and to enforce its requirements.

Copyright Worries By David Shayer December 2020 Apple doesn’t want to waste time and money fighting copyright infringement lawsuits over watch faces. Vintage faces were also designed before smartwatches existed, so licensing such faces for digital use means negotiating with a copyright owner that may not understand the issues involved in digital licenses. Worse, the App Store supports dozens of countries, and the copyright owner could be different in each country. It’s a legal nightmare.

A Helpful Guide to Ribbon Copies, Certified Patents, Patent Plaques, and More By Michael Nye & Michael Kella September 2020 A guide to the differences among the seven types of physical copies of U.S. patents, their purposes, and how to obtain them.

Hollywood Versus a Film School Project By Richard Stobbe February 2020 In 1998, high school student Pourshian conceived the idea for a film in which a character’s internal organs were portrayed as personified characters. In 2000 Pourshian, a film school student in Ontario, wrote a screenplay and produced a short film, Inside Out, based on his idea. In 2015 Pixar, Disney’s animation company, released Inside Out, with characters personifying emotions. Pourshian sued. In this decision, the Canadian court found a real and substantial connection between the claims and Ontario.

The Illinois Bar Foundation Needs Your Help By Rory T. Weiler December 2020 The Illinois Bar Foundation, which assists fellow lawyers who have fallen upon hard times, has acted quickly to address the economic crisis that has resulted from COVID-19.

Innovation Transformation: Creative Sparks Generated From Disruption and Intellectual Property Solutions By Beverly A. Berneman December 2020 The disruption caused by COVID-19 and the resulting economic downturn sent a lot of businesses reeling. March 2020 began a dark time in almost every business sector. However, some businesses used these disruptions to generate creative sparks. The creative sparks manifested in different ways. Some businesses finally got to those great ideas they never had time to explore before. Others reshaped their business models. The prevailing theme in these changes was the creation of Intellectual Property to spur growth and find new sources of revenue. In other words, Innovation Transformation. The great thing about Innovation Transformation is that it has unlimited potential.

Intellectual Improbabilities™ By Daniel Kegan September 2020 An eclectic gathering of recent intellectual property developments.

Intellectual Improbabilities™ By Daniel Kegan May 2020 An eclectic gathering of recent intellectual property developments.

Intellectual Improbabilities™ By Daniel Kegan February 2020 An eclectic gathering of recent intellectual property developments.

ITC Litigation: How Discovery in the ITC Is Different From Federal Court By Jacqueline Tio, Joseph Dorris, & Thomas Fusco September 2020 ITC Section 337 investigations typically proceed quickly. In addition to the speed at which parties are expected to gather evidence, there are key differences in discovery in an ITC proceeding as opposed to district court litigation.

Machine Versus the Tax Man: AI Inventors and the Research Tax Credit By Robert J. Kovacev December 2020 Artificial intelligence is now involved in the invention process. The U.S. Patent and Trademark Office doesn’t want to grant patents for an invention by AI. What happens when the owner of the owner of an AI algorithm attempts to claim a research and development tax credit? Issues raised for AI-generated inventions under the current requirements for the R&D credit.

Nike and Puma Battle in a ‘Footware’ Fight By Michael J. Weil September 2020 The Internet of Things has expanded from household appliances to wearables such as smart watches. Nike has a smart sneaker. Will its ‘footware’ trademark be seen as distinctive or as just a misspelled, descriptive ‘footwear,’ as opposer Puma asserts?

Political Trade Secrets: Intellectual Property Defense to Political Hacking By Daniel Kegan February 2020 An effective Defend Trade Secrets Act litigation may not immediately reverse an election result, but it might severely weaken the conspirators.

Precedented Insufficient Memory: COVID-19 and Earlier Plagues By Daniel Kegan May 2020 January 2020 saw the launch of a novel coronavirus, its resultant Covid-19 disease, a worldwide pandemic, and ubiquitous pronouncements of an “unprecedented” event—unprecedented only if one’s personal and availed institutional memory stops near the Vietnam War, World War I, Jeffrey Amherst, or Columbus sailing to “America,” and if one ignores plague literature. With references and resources.

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Protecting Trade Secrets While Sheltering in Place and Returning to Normalcy By Charles Mudd May 2020 The advent of COVID-19 imposed a new paradigm on the operation of many businesses. Whether by government order or voluntary remote-only strategies implemented by their employers, many employees now work from home. The continued protection of trade secrets while operating businesses under these circumstances now becomes salient.

Reflections From the Trenches of a New Law Firm By Steven L. Baron December 2020 A lawyer reflects on why and how to start a law firm after practicing law for 30 years with other law firms.

Starlink and Mega Constellations: Finding a Viable Legal Solution By Charles Lee Mudd, Jr. February 2020 The first launch of SpaceX Starlink satellites in 2019 prompted significant outcry about the effects the Starlink mega constellation system could have on our night sky. The images of Starlink satellites streaking across the dark night certainly suggested the degradation of unfettered star gazing. Indeed, the astronomical community quickly voiced concerns that the Starlink mega constellation would degrade both optical and radio astronomy. Since then, critics of Starlink point to the Federal Communications Commission’s “failure” to conduct or require an environmental assessment that included astronomical concerns. In fact, some critics advocate litigation against the FCC or SpaceX. While there exist well-founded concerns about Starlink, litigation would be misguided, ineffectual, and possibly counter-productive at this time. Consequently, immediate focus should rather be directed toward advocacy, education, and policy change.

Supporting the Illinois Bar Foundation’s Lincoln Legacy Society By Hon. Edward J. Schoenbaum, (ret.) December 2020 The Lincoln Legacy Society is the Planned Giving Program of the Illinois Bar Foundation, supporting the Foundation’s mission to administer access to justice programs throughout Illinois and offer financial aid to attorneys and their families during times of crisis.

Trademark Searching and Freedom to Operate Advice – Balancing Legal and Commercial Risk By Blake Knowles December 2020 Trademark clearance searching is essential for any business looking to launch a new brand. Failure to conduct a proper clearance search can lead to adoption of a brand that infringes pre-existing rights of another trader in an identical or very similar trademark. Unfortunately, trade mark clearance searching has become increasingly complicated. This means that any professional providing trademark clearance advice needs to be able to balance commercial and legal factors in order to provide commercially practical and pragmatic advice.

A Virtual Pro Bono Opportunity to Help Those in Need By Michael G. Bergmann September 2020 Illinois Free Legal Answers is a virtual legal clinic where low-income Illinoisans can submit a question online to ask a pro bono lawyer for help with a civil legal issue.

When the Mandatory Initial Pilot Program Is No Longer Mandatory By Kenneth Matuszewski December 2020 From June 2017 to June 2020 the Northern District of Illinois assigned new non-patent intellectual property civil cases to the Mandatory Initial Discovery Pilot Program (MIDP). The pilot’s goal was to evaluate whether cost and delay of civil litigation would be reduced. That pilot program has now ended.

Workplace Transparency Act: Not as Clear as You Wish By Carl R. Draper September 2020 In 2019, the Workplace Transparency Act was signed into law as Public Act 101-0221. This comprehensive bill makes some fundamental changes to the balance of employment rights that now affect many small businesses.